TERMS OF SERVICES
DEFINITION
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Refund Policy
Due to nature of our business FreshWeb does not offer any refund or money back for any of tasks services.
- If the client does not want to continue to avail FreshWeb services, then the client could just cancel your order by sending us a mail and the client would not be billed again.
- Since our services are web based and it is digital in nature we do not entertain any refund / money back request from our clients. Hope you'll understand it.
In the case of customized quote, where the approved price is above USD 2000.00 and if we feel that we cannot do the project for you at that moment then, we would intimate the same to you.
- If an advance was collected for the task, we will also issue a 100% refund for the advance collected, within 45 working days from the intimation.
Registration Terms
Each website has to be registered individually with FreshWeb on the website www.FreshWeb.com
Clients with multiple websites should also register their websites individually.
- However the user name & password could be the same.
Termination of Service
The client can terminate the service after giving a notice of ONE month prior to the actual termination of the service.
On termination FreshWeb agrees not to bill the client for any more months after the date of the actual termination.
In the event of termination of the service at any time, the client agrees to settle forthwith all payments due to FreshWeb along with the payment for the notice period.
- FreshWeb agrees to settle any dues, if any, on termination of the contract as per our refund policy.
Website Maintenance
FreshWeb reserves the right to re-do the entire code if necessary, after discussions with the client.
All charges towards re-doing the code(s) would be borne by the client.
As all the text inputs are the responsibility of the client, FreshWeb shall not be responsible for any spelling or grammatical errors in the contents of the website.
To avoid any mis-communication all instructions from the Client shall open “task tickets” for the work requested.
All communications or chat would be based on the ticket number of the ticket opened.
FreshWeb shall have the right to reject any other form of communications(eg. emails, telephonic or personal visit), for work instructions.
The client would nominate an authorized representative who would interact with FreshWeb for the maintenance. .
FreshWeb reserves the right to reject any instructions from any other person.
assess the task
estimate the time required for completion of task requested
seek client approval for the time required.
FreshWeb would complete the task only on receipt of the payment for the approved task completion timeframe.
Completed Tasks would be uploaded on to a test site and approval from the client side.
Messages sent for approvals would be through the associated tickets only.
Only TWO corrections/changes would be allowed once the task is uploaded on to the test site. FreshWeb would treat all other corrections as an update and charge accordingly.
All corrections/changes made after the task is put on the main site, would be treated as a new update only.
FreshWeb would upload the data to the main site only after receiving the approval ticket.
The client agrees to approve the job within 48 hrs of getting email from FreshWeb failing which, FreshWeb reserves the right to judge the task as completed and raise the invoice.
All uploading of completed task would be done from FreshWeb office only.
All uploading of completed task would be done only during working hours of FreshWeb.
Maintenance of new features
“Features” means all those applications developed using PHP, ASP, .net, Java etc. It also involves those databases developed using MySQL, MS Access, MS SQL, Oracle etc..
“Bugs” means those errors due to which the application does not function or stops working. The corrections of these errors would be done free of cost, under the maintenance plan.
“Changes” are those where there is a change in the logic to the application developed. These would be charged as per the rate card.
“Feature upgradation” would mean an enhancement to the existing application developed. These also would be charged as extra at all times irrespective of the maintenance period.
All features developed at FreshWeb would carry a free maintenance of 45 days for any bugs reported.
All features after the 45 days free maintenance period would be charged on @18% of the project total value, per annum, as its maintenance cost.
All features developed by FreshWeb would be supported for a period of 3 years from the start of the first AMC. After which FreshWeb will not be in a position to support it.
The features developed by FreshWeb would only be on the framework developed by FreshWeb.
This framework and associated utilities are proprietary to FreshWeb and would only be licensed to the Client.
No source code of the framework would be given to the client.
Any customization would be done around this framework.
The client would provide the source code and documentation for the features to be maintained.
FreshWeb would not guarantee that the features can be maintained by it.
If required FreshWeb would reject the feature and develop a fresh after obtaining written permission from the client.
Before the maintenance of the feature FreshWeb does not take the responsibility of the proper functioning of the code.
Server Maintenance
Client would give the required user names and passwords for the maintenance and support of all issues of the server
All server maintenance would done through a remote access, from FreshWeb office only
All task requests for Server Maintenance would be done on receipt of task ticket and approval of costs (if any)
The client shall be responsible to give all the details for registering/renewing the domain name or hosting, which would include the contact person, contact address, contact email and contact telephone number.
Renewal of those domains not registered through FreshWeb would be done ONE month prior to the actual expiry of the domain.
The client would ensure to provide FreshWeb with all the detail of the domain & hosting such as domain Name user name & Password
Under no circumstances what so ever would FreshWeb be held responsible for the expiry of the domain not registered by FreshWeb (third party domain registration)
If required, FreshWeb would shift the domain & hosting from the third party to FreshWeb authorized registrars & hosting providers, after a written approval by the client.
If the domain has expired prior to the date of requisition to FreshWeb, FreshWeb reserves the right to refuse the renewal of the domain.
Bandwidth Usage: The Client would be allocated a monthly bandwidth allowance.
This allowance varies depending on the hosting package the client purchases.
Should the client’s account pass the allocated amount we reserve the right to:
1. suspend the account until the start of the next allocation,
2. suspend the account until more bandwidth is purchased at an additional fee,
3. suspend the account until the client upgrade to a higher level of package,
4. terminate the account and/or charge the client an additional fee for the overages.
Unused transfer usage cannot be carried over.
All backups would be the client’s responsibility. done by the client.
1. FreshWeb would assist in backup if the client requests so.
2. FreshWeb would not be responsible, under any circumstances, for any loss of data in the database.
“Features” means all those applications developed using PHP, ASP, .net, Java etc. It also involves those databases developed using MySQL, MS Access, MS SQL, Oracle etc..
“Bugs” means those errors due to which the application does not function or stops working. The corrections of these errors would be done free of cost, under the maintenance plan.
“Changes” are those where there is a change in the logic to the application developed. These would be charged as per the rate card.
“Feature upgradation” would mean an enhancement to the existing application developed. These also would be charged as extra at all times irrespective of the maintenance period.
FreshWeb would not accept any adult site, pornographic sites or such sites which depicts or causes harm to mankind, for maintenance.
Potential harm to minors is strictly forbidden, including child pornography or content perceived to be child pornography (Lolita):
1. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice
2. Violations will be reported to the appropriate law enforcement agency
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If you fail to meet any of the above requirements, the order may be considered fraudulent in nature and could be denied.
Zero Tolerance Spam Policy
1. FreshWeb takes zero tolerance stance to sending of unsolicited e-mail, bulk emailing, and spam from all its servers.
2. Any Client/user who sends out spam mails using FreshWeb server, FreshWeb would terminate the client account terminated without any notice.
3. Sites advertised/certified via SPAM (Spam vertised) may not be hosted on our servers.
4. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
5. FreshWeb reserves the right to change or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
6. FreshWeb reserves the right to charge the holder of the account (client) used to send any unsolicited e-mail a clean up fee.
7. This cost of the clean up fee is entirely at the discretion of FreshWeb.
Backups and Data Loss
The use of FreshWeb service is at the client’s sole risk.
The use of FreshWeb service is at the client’s sole risk.
FreshWeb is not responsible for files and/or data residing on the client’s account.
FreshWeb would assist in taking the backup of the data on the server at a cost decided by FreshWeb
The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FreshWeb servers.
Email maintenance service
All requests for email creation/deletion should be sent by ticket only
FreshWeb would not be responsible for the contents of the mail box
Sending emails per domain would be as per the discretion of the hosting server.
1. The client needs to clarify with FreshWeb as to how many emails can be send without disturbing other clients in the shared hosting
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution and the client should change hosting server accordingly
Any unsolicited e-mail being sent will result in termination of the offending account. FreshWeb takes a zero tolerance stance against sending of unsolicited e-mail.
Off peak times qualify as all Saturday and Sunday and between 1am to 8am on all days.
All uptimes are at the sole discretion of the hosting servers uptime guarantee
Working hours
FreshWeb would be working on all weekdays (Monday thru Friday), from 10:30a.m. to 6.00p.m IST and is termed as “General Working Hours”.
All other time would be termed as “Emergency Working Hours”.
FreshWeb shall remain closed on all Saturdays and Sundays.
Besides on all general holidays, FreshWeb would remain closed.
“General Holidays” would be as per the holiday list provided on our website.
Besides FreshWeb would remain closed on all those days when some unforeseen incidents take place such as natural calamities, public disturbances/bandhs and agitations, deaths and other government declared holidays
All working days would be termed as “General Work Days”
Work on any Saturdays, Sundays & Holidays if required would be termed as “Emergency Work Days”.
The limitation of the Service
The service rendered by FreshWeb is web based and therefore the scope of the service rendered by FreshWeb is limited to the hosting server’s capabilities & location. If the hosting server does not support any of the services requested by the client, FreshWeb would be unable to offer the service.
If the website is not hosted on FreshWeb’s server, FreshWeb would not responsible for the proper functioning of the hosting server or any of the associated servers and is not responsible for any delay of services from the hosting company.
FreshWeb would not be able to provide any service due disruptions of work due to some unforeseen incidents take place such as natural calamities, public bandhs and agitations, deaths etc.
Confidentiality
FreshWeb is aware of the information, provided by the Client is very valuable and gathered painstakingly over a period of time, thus the Client will suffer great harm or loss if the information is used by FreshWeb for any purpose other than for which it has been made available to FreshWeb. Accordingly FreshWeb solemnly undertakes to maintain strict confidentiality of any information/document provided by the Client at any time and also ensure that employees and impendent contractors of FreshWeb are properly informed of this confidentiality agreement between the parties so that they also conform to it all information and documents provided by the Client will be the exclusive property of the Client and shall be promptly returned to the Client at any time so demanded.
The FTP access and other relevant access made available to FreshWeb is strictly for the purpose of carrying out its maintenance obligation of the site and for no other purpose, FreshWeb shall ensure that its employees or independent contractors do not in any manner use or misuse the FTP or other access provided to the company.
All uptimes are at the sole discretion of the hosting servers uptime guarantee
General Conditions
FreshWeb reserve the right to refuse its service(s) to anyone
All services provided by FreshWeb may only be used for lawful purposes.
The client agrees to indemnify and hold harmless FreshWeb from any claims resulting from the use of FreshWeb services.
Use of FreshWeb service to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of the client’s account.
If you believe that your copyright or trademark is being infringed upon, please email abuse [at]FreshWebweb.com with the information required.
The website is the property of the Client and FreshWeb is only a maintenance contractor who undertakes to abide by any instructions the Client may provide from time to time.
Though FreshWeb has entered into an NDA with all its employees, and could vouch for the confidentiality of the information provided to him, FreshWeb is not responsible for the breach the employee has created upon leaving the company.
FreshWeb reserves the right to make changes to this Terms of Services with or without informing the client. All new Terms of service shall supersede the previous Terms of service.
If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]FreshWeb.com and we will be happy to assist you.
Indemnification
Client agrees that it shall defend, indemnify, save and hold FreshWeb harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FreshWeb, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless FreshWeb against liabilities arising out of;
any injury to person or property caused by any products sold or otherwise distributed in connection with FreshWeb;
any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement and
any defective products sold to clients from FreshWeb's server.